Ruling on the use of contraceptives due to having many children
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Question 8: Fatwa No. ( 443 )
Q 8: What is the ruling for Muslim spouses regarding taking medications and pills to prevent pregnancy, when having many children leads to conflict, great hardships, and humiliation, whether in terms of human dignity or religion, in some European countries and those similar to them in their vital matters?
Vol. 8: The ruling on using medications and pills to prevent pregnancy varies according to the purpose behind it, the nature of the pills and their effect on the wife, the husband’s stance on the matter, and the time at which these pills are used. As for the purpose, the intention may be to preserve the woman’s youth, which contradicts the wisdom of Allah (Exalted and Majestic is He), for He (Blessed and Exalted is He) legislated marriage and encouraged it, and among the legal objectives of
the permissibility of marriage is the attainment of children. It was narrated from Ma'qil ibn Yasar (may Allah be pleased with him) that he said: It was narrated by Abu Dawud and al-Nasa'i and al-Hakim, who said: The chain of narration is authentic. This woman who uses pills and medications in order to preserve the youth of her body is in the position of a barren woman, and the Prophet (peace and blessings be upon him) forbade marrying her because she does not bear children. Thus, this woman is forbidden by the generality of this hadith from taking preventatives that stop pregnancy. If the purpose of using pills and medications is to prevent pregnancy in a situation where the woman is experiencing physical exhaustion, such as a woman who gives birth every year and whose body is thin, so that she cannot bear the hardships of pregnancy and childbirth, to the point that if she continued, she would be overcome by
the fear of great harm befalling her, and she sees using pills and medications to prevent pregnancy for a limited period to the extent that it averts the harm, then that is permissible, on the condition that no harm resulting from their use is equal to the harm intended to be averted. This is because the use of some contraceptive pills sometimes results in menstrual irregularity, uterine fibroids, high blood pressure, palpitations, and other bad effects known to doctors. The permissibility of use in this case is indicated by the general evidence of the Shari'ah pointing to ease and simplicity and the removal of hardship. Allah the Exalted said:[Al-Ma'idah 5:6] And the Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2340Da'if (Darussalam) The scholars derived from this verse and what came in its meaning in the Qur'an, as well as what came in the meaning of the hadith in the Sunnah, the rule: (Hardship brings ease). As for the variation of the ruling according to the nature of the pills and medications, it is explained by saying: These medications and pills intended for use to prevent pregnancy, if they are free from harmful effects similar to the harm intended to be averted, then their use is permissible as previously explained. If they contain harm equal to the harm intended to be
averted, then they are not permissible; because harm is not averted by harm. The reference for assessing the harms they contain is the people of knowledge in that matter, by analyzing these pills and medications and diagnosing the harms they contain and the extent of their effect. As for the variation of the ruling according to the husband’s situation regarding permission or its absence, he may permit, he may forbid, and he may not know about the woman’s use of pills and medications that prevent pregnancy. The wife seeking her husband’s permission is required by the Shari'ah, and this is in the case where there is a legal justification for their use, as previously mentioned, and he must permit it. As for when there is no legal justification, she has no right to use the pills at all, let alone seek her husband’s permission. Even if she seeks his permission, he has no right to permit it. As for the time at which the woman uses these pills or medications, it varies, and based on this variation, the ruling varies. This is because the woman may use them before intercourse with the mouth or with something else, or she may use them after intercourse, at the time of the presence of the nutfah (embryo), the 'alaqah (clot), the mudghah (lump of flesh), or after the soul is breathed into it. As for after the soul is breathed into it, it is absolutely not permissible; due to the generality of the saying of Allah the Exalted:[At-Takwir 81:8-9] The maw'udah is: the one who is buried
while alive, and the Arabs used to do that in the pre-Islamic age of ignorance. Al-Tabari, al-Qurtubi, and others mentioned this. If the mudghah has had the soul breathed into it and is then thrown away dead due to the use of contraceptive pills and medications, that is infanticide for her, and she will fall under the generality of the verse. As for before the soul is breathed into it, it is subject to the details previously discussed regarding the variation of the ruling according to the variation of the purpose. As for the woman using pills so that her children do not multiply, this should not be heeded; because no soul comes into this life except that Allah has written its provision, its lifespan, and its deeds. The person should have a good opinion of Allah, and Allah the Exalted is according to the opinion His servant has of Him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q 8: What is the ruling for Muslim spouses regarding taking medications and pills to prevent pregnancy, when having many children leads to conflict, great hardships, and humiliation, whether in terms of human dignity or religion, in some European countries and those similar to them in their vital matters?
Vol. 8: The ruling on using medications and pills to prevent pregnancy varies according to the purpose behind it, the nature of the pills and their effect on the wife, the husband’s stance on the matter, and the time at which these pills are used. As for the purpose, the intention may be to preserve the woman’s youth, which contradicts the wisdom of Allah (Exalted and Majestic is He), for He (Blessed and Exalted is He) legislated marriage and encouraged it, and among the legal objectives of
the permissibility of marriage is the attainment of children. It was narrated from Ma'qil ibn Yasar (may Allah be pleased with him) that he said:
A man came to the Messenger of Allah (peace and blessings be upon him) and said: I have found a woman of noble lineage, high status, and wealth, except that she does not bear children. Should I marry her? He prohibited him. Then he came to him a second time and said the same thing. Then he came to him a third time and he said to him: “Marry the loving and fertile, for I shall be made numerous by you among the nations.”
جاء رجل إلى رسول الله -صلى الله عليه وسلم- فقال: إني أصبت امرأة ذات حسب ومنصب ومال، إلا أنها لا تلد، أفأتزوجها؟ فنهاه، ثم أتاه الثانية فقال له مثل ذلك، ثم أتاه الثالثة فقال له: "تزوجوا الودود الولود، فإني مكاثر بكم الأممthe fear of great harm befalling her, and she sees using pills and medications to prevent pregnancy for a limited period to the extent that it averts the harm, then that is permissible, on the condition that no harm resulting from their use is equal to the harm intended to be averted. This is because the use of some contraceptive pills sometimes results in menstrual irregularity, uterine fibroids, high blood pressure, palpitations, and other bad effects known to doctors. The permissibility of use in this case is indicated by the general evidence of the Shari'ah pointing to ease and simplicity and the removal of hardship. Allah the Exalted said:
Allah does not intend to make difficulty for you
مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُمْ مِنْ حَرَجٍIt was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.”
لا ضرر ولا ضرارaverted, then they are not permissible; because harm is not averted by harm. The reference for assessing the harms they contain is the people of knowledge in that matter, by analyzing these pills and medications and diagnosing the harms they contain and the extent of their effect. As for the variation of the ruling according to the husband’s situation regarding permission or its absence, he may permit, he may forbid, and he may not know about the woman’s use of pills and medications that prevent pregnancy. The wife seeking her husband’s permission is required by the Shari'ah, and this is in the case where there is a legal justification for their use, as previously mentioned, and he must permit it. As for when there is no legal justification, she has no right to use the pills at all, let alone seek her husband’s permission. Even if she seeks his permission, he has no right to permit it. As for the time at which the woman uses these pills or medications, it varies, and based on this variation, the ruling varies. This is because the woman may use them before intercourse with the mouth or with something else, or she may use them after intercourse, at the time of the presence of the nutfah (embryo), the 'alaqah (clot), the mudghah (lump of flesh), or after the soul is breathed into it. As for after the soul is breathed into it, it is absolutely not permissible; due to the generality of the saying of Allah the Exalted:
(8) And when the girl [who was] buried alive is asked (9) For what sin she was killed
وَإِذَا الْمَوْءُودَةُ سُئِلَتْ (8) بِأَيِّ ذَنْبٍ قُتِلَتْwhile alive, and the Arabs used to do that in the pre-Islamic age of ignorance. Al-Tabari, al-Qurtubi, and others mentioned this. If the mudghah has had the soul breathed into it and is then thrown away dead due to the use of contraceptive pills and medications, that is infanticide for her, and she will fall under the generality of the verse. As for before the soul is breathed into it, it is subject to the details previously discussed regarding the variation of the ruling according to the variation of the purpose. As for the woman using pills so that her children do not multiply, this should not be heeded; because no soul comes into this life except that Allah has written its provision, its lifespan, and its deeds. The person should have a good opinion of Allah, and Allah the Exalted is according to the opinion His servant has of Him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.